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South Dakota Easement Form

Category:
Real Estate - Easements and Rights of Way
State:
South Dakota
Control #:
SD-EAS-1
Format:
Word; 
Rich Text
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Description

This easement form, an Easement (general fill in blank purposes), provides a perpetual easement and right-of-way over and across real property.


An easement gives one party the right to go onto another party's property. That property may be owned by a private person, a business entity, or a group of owners. Utilities often get easements that allow them to run pipes or phone lines beneath private property. Easements may be obtained for access to another property, called "access and egress", use of spring water, entry to make repairs on a fence or slide area, drive cattle across and other uses. The easement is a real property interest, but separate from the legal title of the owner of the underlying land.


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FAQ

A period of non-use is evidence, but not conclusive evidence, that an easement has been abandoned. The circumstances of each individual case will contribute to the decision and factors showing that the non-user implies abandonment must be evident.

There are two types of easements: affirmative and negative. An affirmative easement gives the easement holder the right to do something on the grantor of the easement's land, such as travel on a road through the grantor's land.

The concept of easement has been defined under Section 4 of The Indian Easements Act, 1882. According to the provisions of Section 4, an easementary right is a right possessed by the owner or occupier of the land on some other land, not his own, the purpose of which is to provide the beneficial enjoyment of the land.

A short form agreement granting an easement interest in real property for the benefit of another parcel of real property. This form of easement agreement is a jurisdictionally neutral multistate template that can be used in all jurisdictions.

To claim easement, the plaintiff must admit the title of the defendant over the property. If the plaintiff claims easementary right that must be proved by sufficient evidence by the plaintiff.

South Dakota Easement Form Related Searches

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  • Hamlin County South Dakota Register of Deeds
  • State of South Dakota website
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  • Property tax in South Dakota
  • Parcel lookup South Dakota

Interesting Questions

More info

, 249 N.W.2d 251 (S. P.O. Box 1285, Williston, North Dakota 58802-1285, as grantee ("the District").You accept a limitation on how you can use your property because, if everyone else in the community does, too, the neighborhood as a whole will be better off. THIS EASEMENT AGREEMENT is made and entered into between BROOKINGS COUNTY, SOUTH. EASEMENT AGREEMENT filed on August 11th, 2020.

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